A parenting agreement is a record of how parents will spend time with and take care of their children post-separation and divorce. Separated parents generally approach a Family Dispute Resolution Practitioner to help them navigate the process of coming up with agreements that are in the best interests of the child through mediation. However amicable exes tend to have these conversations between themselves and can also document agreements themselves.

The main considerations when discussing children’s matters are, but not limited to these;

• Where and with whom the children will live and how they will spend time with each parent. This is quite broad as there might be a few variations including regular time, school holidays then times based on special days or occasions.

• What changeovers will look like including the location and set times.

• How the children will communicate with each parent.

• How the parents will communicate regarding the children’s care, well-being and needs.

• The children’s schooling, medical, travelling and passports.

• How the parents will address any changes to the agreement or any future disagreements.

Some parents’ intentions are to have loose arrangements that allow a lot of flexibility and therefore each parent will have to use their discretion and do what is reasonable. This works where the lines of communication are open and where the parents are somewhat friendly. Where there are evident concerns or trust issues the parenting plan might need to be more prescriptive and specify each detail to avoid any confusion that might escalate to disagreements.

Once agreements have been reached and documented, it is recommended that if parents wish to do so, they seek independent legal advice before each signing and dating the agreement. Signing and dating the Parenting Agreement effectively then makes it a Parenting Plan. A Parenting Plan is not a legally binding document, however, if the agreements are considered to be in the best interests of the child, then the Courts might have regard to the most recent Parenting Plan in family law proceedings.

Most importantly the agreements that make up a Parenting Plan should be made freely, without any coercion, intimidation or duress.

A further step that can be taken to get legally binding orders is to apply for Consent Orders. This means that the Parenting Plan, if it is considered to be in the best interests of the child, can be transposed into orders. Both parties would need to fill out recommended legal forms which can be found via the link here for Western Australia and here for all Australian jurisdictions, and attach their parenting plan. Parties can choose to fill out the forms on their own, however legal advice is recommended.

If you are working on your own Parenting Plan with your ex, where you are amicable you might want to consider our template which can be found here for purchase.

Download our FREE Parenting Plan Checklist below.